Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48653 of 2018 Applicant :- Vijay Alias Gunnu Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Vijay Alias Gunnu seeking bail in Case Crime No. 119 of 2018, under Sections 341, 352, 507, 364-A, 511 IPC, Police Station Uttar, District Firozabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that there is no clinching evidence to connect the applicant with the present case.
Learned counsel for the applicant has next submitted that the co- accused Dinkar Mishra and Anuj Yadav, who have been arrested along with the applicant, have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 25521 of 2018 and 33358 of 2018 vide orders dated 10.07.2018 and 31.08.2018 respectively.
Learned counsel for the applicant has next submitted that the applicant has no previous criminal history, however, subsequently along with the present case, the applicant has falsely been implicated in two other cases and the applicant is in jail since 01.04.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 01.04.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Vijay Alias Gunnu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 19.12.2018 Nadim